Legal Opinion
In Re Paul Nagy
Court of Appeals for the Second Circuit
Decided July 16, 1996No. Docket 96-3053PublishedCited by 51 opinions
1Opinion of the Court
JON 0. NEWMAN, Chief Judge:
This motion by an incarcerated prisoner for leave to proceed in forma pauperis requires us to determine whether the new fee requirements of the Prison Litigation Reform Act of 1995 (PLRA) apply to extraordinary writs, such as a petition for writ of mandamus, filed as an original action in this Court. We conclude that the PLRA requirements apply to those extraordinary writs that seek relief analogous to civil complaints under 42 U.S.C. § 1983, but not to writs directed at judges conducting criminal trials. Since the pending motion concerns a request for a writ of the…
2Cases cited3 opinions
- In Re Drexel Burnham Lambert IncorporatedCourt of Appeals for the Second Circuit · 1988
- Leslie Thomas Leonard v. Peter J. Lacy, Superintendent, Bare Hill Facility, and Myaddow, Correctional OfficerCourt of Appeals for the Second Circuit · 1996
- Pacific Mutual Life Insurance v. TurnbowSupreme Court of the United States · 1989
3Cited by51 opinions
- Andrews v. KingCourt of Appeals for the Ninth Circuit · 2005
- Washington v. Los Angeles County Sheriff's DepartmentCourt of Appeals for the Ninth Circuit · 2016
- Ronald Madden v. Kevin Myers, Honorable Malcolm Muir, United States District Judge, NominalCourt of Appeals for the Third Circuit · 1996
- Edwardo Reyes v. John P. Keane, Superintendent, Sing Sing Correctional FacilityCourt of Appeals for the Second Circuit · 1996
- Martin v. United StatesCourt of Appeals for the Seventh Circuit · 1996
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